Harrison v Harrison [2008] EWHC 362 (QB) (31 January 2008)

Harrison v Harrison [2008] EWHC 362 (QB) (31 January 2008)

The claimant failed to adduce new evidence that was not available at the time of the original ancillary relief proceedings or that could not have been obtained with reasonable diligence. The alleged misrepresentations and non-disclosures were either not material, not new, or were considered and rejected in the original proceedings. No evidence was produced that would entirely change the aspect of the case or demonstrate fraud to the required standard. The claim was therefore struck out as disclosing no cause of action and/or as an abuse of process, and summary judgment was entered for the defendant.

Citation
[2008] EWHC 362 (QB)
Parties
Claimant: Mrs Vivien Harrison; Defendant: Mr John Harrison
Jurisdiction
England and Wales
Judgment Date
31 January 2008
Procedural Posture
Civil (queen's Bench Division) / Application to Strike Out Claim And/or for Summary Judgment
Outcome
Claim struck out; summary judgment for defendant; costs awarded to defendant
Legal Topics
Setting Aside Judgment for Fraud, Ancillary Relief, Freezing Injunction, Abuse of Process, Disclosure Obligations
Civil Procedure Family Law Setting Aside Judgment for Fraud Ancillary Relief Freezing Injunction Abuse of Process Disclosure Obligations

Case Brief

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Parties

Mrs Vivien Harrison

Claimant

Mr John Harrison

Defendant

Procedural Posture

Civil (queen's Bench Division) / Application to Strike Out Claim And/or for Summary Judgment

Legal Issues

  1. 1 Whether the claimant's action to set aside a prior ancillary relief judgment for fraud discloses a cause of action or is an abuse of process
  2. 2 Whether summary judgment should be entered for the defendant
  3. 3 Whether the claimant's evidence meets the threshold for setting aside a judgment for fraud

Ratio Decidendi

The claimant failed to adduce new evidence that was not available at the time of the original ancillary relief proceedings or that could not have been obtained with reasonable diligence. The alleged misrepresentations and non-disclosures were either not material, not new, or were considered and rejected in the original proceedings. No evidence was produced that would entirely change the aspect of the case or demonstrate fraud to the required standard. The claim was therefore struck out as disclosing no cause of action and/or as an abuse of process, and summary judgment was entered for the defendant.

Court Disposition

Claim struck out; summary judgment for defendant; costs awarded to defendant

Orders

  • Claim form and particulars of claim struck out
  • Summary judgment entered for Mr Harrison